Callahan

The People appeal from an order awarding defendant Vincent Edward Callahan pretrial custody credits under Penal Code sections 2900.5 (actual custody credit) and 4019 (conduct credit).

This case involves the computation of credits from two parallel proceedings in our justice system. While confined at Napa State Hospital (NSH) on a 1997 insanity commitment under section 1026, defendant was charged with battery upon a hospital guard in 2004. He was found incompetent to stand trial (§ 1368) during those criminal proceedings. Based on the incompetency finding, the trial court imposed an incompetency commitment of a maximum of three years (§ 1370, subd. (c)(1)). The court awarded credit for time served for pretrial confinement related to the criminal charge. The People contend that defendant is entitled to no custody credit because his liberty was already restrained by the insanity commitment regardless of pretrial confinement on the new criminal charge. The People also contend defendant is not entitled to conduct credit for time spent in the nonpenal confines of a state hospital. We agree and reverse.

I. FACTS

Defendant was arrested in February 1995 for unlawful…